The New York Herald Newspaper, February 17, 1877, Page 11

re THE COURTS. A Confiding New England Land- lord Instructed, REGISTERS Overhauling the Management of the Ever- greens Cemetery. IN BANKRUPTCY, TILDEN VICTOR IN THB BOODY SUIT. ee Campbell Mortimer is heir to one-sixth of the estate of Joba Mortimer, of which Jobn H. Mortimer is trustee, During tho past fall Campbell concinded to take a little recreation in the healthy atmosphere of tne New England coast. In the months of September and October he made bis headquarters at the Crawford House, Now London, kept by Daniel Kellogg. Besides the solids of animal nourishment, Danie! refreshed his guest to the extent of over $30 for cigars, over $80 tor Wines and liquors, about $129 for carriage rides, and washed him to the extent of $11, besides giving bim $55 tor pocket money. While the bills rapidly ccumulatitg Daniel began to 1 nervou! Oy eakfng to Nis. guest on the subject was’ reas- sored by the statement of bis guest that dobn H. Mortimer, of this city, as trustee, held an in- terest in a trust estate for hini to the extent ot $60,000, This is what Dan says, After the bill bad run up to over $400 Dan could get no money, and, bringing suit in this city against his late guest, recovered judgment forthe amount | Execution was issued and returned unsatistiod. An order was then granted by the Coart for ‘the examination of the trustee a# a third party, for the purpose of discovering the ex- tent of Campbeli Mortimer’s interest in the trust estate, In ‘Supreme Court, Chambers, yesterday, couusel for Dan complained to Judge Barrott that the trustee bad refused, ou exami- nation, to state what sam Cumpbell’s one-sixth inter. ea estate amounted to. Counsel alse com- plained that an allowance which bad paid to Campbell out of the trust estate had since the commencement of these proceedings been diverted to hie wife, While not denying that it looked hara for the New London jandiord, counsel for the trustee in- sisted that opposing counsel bad gone about as far into the affaira of the trust estate as be had a right to. Judge Barrott took it under consideration whether he Would compel the trustee to answer the disputed questions or now JURISDICTION OF REGISTERS. Relative to the bankruptcy of Alsberg & Jordan, Judge Blatchford yesterday decided on a question cer- tified from Register Dwight, The Rog\stor’s certificate Stated that at a meeting of the creditors of the alleged bankrupts Messra, Carter and Eaton appeared on be- half of certain of the creditors and filed proofs of debt lor them. Jerome B, Hill appeared ttorney in fact lor those creditors and exhibited from them a power of attorney. The debtors made no proposition fora composition, nor did they file, any schedule of assets and liabilities, but requested ab adjournment. Au ob jection was mude by Carter and Eaton, on the ground that they represepted a majority in amount of the creditors, und that they were opposed to the composi- tion specified ina notice gent to the creditors, and ‘hat the power of attorney to Hill did pot allow bith to vote for uny composition less than sixty cents on the dollar, Register Dwight certified that the . proots of debt filed by Carter and Katon did constitute a large majority in amount of the creditors, The. meeting adjourned, and at the next meeting the debtors offered torty percent An ud- Journment was again bad, certain crediiors desiring to examine the debtors. At the next meeting the debt- ore, not having a statement of ussets ready for filing, asked tor an adjournment, This was objected to by counsel on the ground that the Register has no juris- diction, because the statement of debts and assets had not been presented; that, as a matier of discretion, he Ought not to grant lurther delay without some reason- able excuse being given by the debtors, The Register gTanted the adjournment as desired, At thg noxt Moeting the debtors submittea a sworn stateient of assets and debts, to which objections were filed on the ground that it was insulticient apd irregular, tor the reason that it was a mere summary of the gross amount of tho assets instead of a detailed statement, as required by law. The question was certified to the Court whether the Register was authorized in adjourn- ing the meetings and acted properly im so adjournmg them. Judge Biatcniord sustained the Register. THAL WRIT OF PROHIBITION. In the matter of the writ of prohibition issued by Judo Barrett, in Supreme Court, Chambers, on Woanesday last, with reference to the action ef Chief Justice Shea, Judges Alker and sin- pott, at the last General Term of the court, the facts connected with the application for and issuance of the writ in the case of Adolphus va. Cantrell are as follows:—Judge Alker, before whom the case of Adoiphus vs, Cantrell was originally tried, ‘was one of the judges regularly assigned to sit at General Term. A motion was made before the General Term to dismiss the uppeal, for the reason that Mr. Morange had failed to prepare his side of the case tor argument, although seven months had elapsed, The motion was addressed to Judge Shea, Mr. Morange applying for turther time and stating that ne was pre- paring an aMdavit to have his case resotiled, and re- quired time to print his case, Judge Shea, presiding, inquired of Jucgo Alker bow many pages the proposed case would cover, jor the purpose o! fixing the time to be grauted to Mr, Morange. Judgo Alker replied the case would only cover three or tour sheets of paper. Thereupon Juage Shea, having informed counsel what Judge Alker said, granted hiw ton days’ induigence, at the same time stating that if in the meantime the case Was Not printed and submitted the appeal should be dismissed. in his affidavit Judge Shea says that he had no consultation with Judge Aiker in the matter of the appeal in any manner or form, and that Judge Alker did not advise with him on the making of th order, Judge Aiker’s name appearing on the was thought an error on the part of opposing counsel’s clerk in preparing the papers, Judge Barrett, m ren- dering bis decision, expressly stated that be relieved Judge Aiker from all imputation of interference in the acon of the otber judges in the case; that he decided tue motion stinply and solely on the ground that a clerical error had been committed; that the fact of Jude Shea addressing Judge Alker on the bench when ihe cusé was under review was probably sufficient to smslead. the deiendants attorney and afford him legal ground to obtain a temporary writ, and that, according to the face of the papers presented to hit, he was ton- strained to sustain the writ, but confining the prohibi- tion exclusively to the procoedings under the order, THE EVERGREEN CEMETERY Tho misunderstandings im regard to the Evergreen Cemetery that have been the occasion of various meet- ings of stockholders and others in Brooklyn are begtn- ning to assume a serious legal phase, Tbe corporation was organized in 1849, the trustees being S. E. Johnson, A, P. Cummings, R. Graves, S, L. Husteed, William C, Prime and Newail Woolsey. They purchased 207 acres, \t fg claimed, at about $1 20 an acre, and then sold the same to themselves as trustees, taking bonds in pay- ment, the payment of some of these vonds not falling dune until 1880. Mr. William C. Kneeland, for a time General agent of the corporation ana atterward Comptroller, has brought suit for damages. He charges a general conspiracy, aud, more particue larly, charges William ©. Prime with having directed, pounselied and carried on the arrangement and cot pletion and management of the nefarious scheme t which the said cemetery bas been ruined and plainti! property rendered useless. To the alle; tomplaint an answer was pat imby Mr, their truthfulness, Mr. Prince says be . trustee of the cemetery, and whatever he received either in the way of laud or bonds was as payment for his professional services. A motion was made to strike out this answer as sham and frivolous, and on such motion (he case came up for argument yesterday be- fore Judge Barrett, im Supreme Court, Chambers, Vo- Jaminous affidavits were read on both sides in support of the counter allegations mauve Judge Barrett at Onoe denied the motion, saying that the case was one which should go betore # jury. CHURCH ‘‘bULL-DOZING.” The story of the musical controversy between the Charch of the Incarnation and Mr, Edward Schenck, who contracted to furnish the church with a choir, pablished in Friday’s Hekao, brought quite s crowd \ogether yesterday in the Saperior Court room, belore Judge Curtis, The trial was promptly resumed, but the brit testimony taken failed to be as interesting as onthe day previous, In suinming up Mr. John & Parsons made a strong appeal on behall of the Church Committee, which was tollowed by 4 eharacieristically happy speech by ex-Judge Fithian, who pronounced the attempt of the committee to oust Mr. Schenck as an attempt to ‘bli. "his client. Ohief Justice Curtis delivered quite a lengthy charge, and ordered the jury to bring tn a sealed verdict on Monday morn- ing. NORTHAMPTON BANK BOBBERY. William Connors, who was arrested by Detective erakerton on the 12th inst. charged with being one of the robbers of the Northhampton Bank, where tne cashier was gagged and securities aggregating nearly $1,000,000 stolen, was brought before Judge Brady in the Court of Oyerand Terminer on a writ of habeas corpus, sued out by his counsel, William F. Kintzing, Upon recurn to the writ Colonel John R. Fellows, who appeared for the bank officials, stated that he was not in readiness to proced then with the case, An ap- plication had already been made upon the Governor of sho State for a requisition, which was expecied to- morrow. Mr. Kintzing alleged as the object of the writ the prevention of the removal of the accused beyond the etofore been | NEW Juriotialien:. of Se Sale. before an opportunity had afforded for Dtation of bis case for con. siaeration bere. Judge Brady said that under the eircul ‘nees be felt it to be his duty to adjourn the writ unfil Monday morning at eleven o'clock; in the meantime he would eee the prisoner to custeay. The accused was then Suken back tw tbe Tonrbs, ac- companied by a number of bis friends, James Dun- Jap and Robert Scots, alias “Husthng Bob,” who were urresied in Philadelphia as accomplices: in the fobbery, lave since been removed from that city to the scene of the outrage. All the parties since the commission of the offence have mn Indicted py thi Northampton Grand Jury. RIGHTS OF ADOPTED DAUGHTERS. In the matter of the contest to the will of Guldah Cohen a nice question arises as to the standing of | adopted daughters in wills, to the exclusion of next of kim. Thedeceased by a codicil to her will revoked a certain legacy which she bad previously provided for her sister, a Mrs, De Young, and bequeathed her property tothe children of ber “daughter Elizabeth.” Mrs. De Young contests the will on the ground of andue im@uence on the part of Klizaveth, and on the addi- tional ground that sh atrix bad no daughter, but only an adopted daughter, and 1 the legacy is void because there is no such person in existence ax the daughter of deceased. The principals to the contest are Israelites, as the witnesses on both sides, of which there area great number. Judge Joacnimsen appears for the contestant and Messrs Isaacs snd ae for the will The bearing 1s set down for next wee THE BOODY-TILDEN SUIT. The trial of the suit brought by Henry H. Boody against Samuel J. Tilden and others was continued yesterday before Judge Sedgwick in the Superior Court, Special Term The plaintiff closed his case after the examination of two or three witnesses, whose testimony was unimportant, Mr. Niles, counsel for the defendants, at once entered upon along and exhaustive argument ona Motion to dismiss the complaint on the ground that the claim against the parties baa deen outlawed by the statute of limitationa Judge Sedgwick, at the conclu- Sion of the argument, promptly granted the motion aa to Mr, Tilden,*holding that she claim against him was ‘red by the statute, He refused, however, to grant the same immunity to Mr. Ogden, on the grouna that be not been a resident of the State, but had for several years lived in Chicago, The further triai of the suit will be resumed on Monday, OYER AND TERMINER Belore Judge Brady. THE WASHINGTON MARKET HOMICIDE, Frank McCaron, who with John aod William McCaron kept a grocery und provision store at Wash- inuton’ Market, claimed that Hugh McCabe, also en- Baged in the same line of business 1m the market, owed him $10, and bitter words had been exchanged between tho two on account of the alleged indebted- ness. On the 10th of October last McCabe went to McCaron’s place, when’ the quarrel was renewed be- tween him and Frank. . From words they soon came to blowa Finally Frank, as alleged, picked up a and onthe charge that Frank McCaron struck the blow he was indicted for murder in tho first degree and upon this indictment was yesterday placed on trial The court room was crowded, being largely made up of market men, the respective friends of the deceased and ecused murderer. The prisoner was represented by Messrs, A. Oakey Hali and William F. Kintzing and the prosecution by Assistant District Attorney Russell, There was less difficulty in getting a jury than was anticipated, and altera briet opening by Mr. Russell reciting the above facts and charging the murder upon the prisoner, various witnesses were called in corrob- oration of the aslegstions in the indictment charging the murder upon the prisoners, Deputy Coroner Marsh uiso testified to death Laving resulted from tl blow of the axe, The-defence ciaimed that the prisoner was innocent of the charge, stating that abundant proof could be offered to substantiate this statement and show that the prisoner did not inflict thodeadiy blow. Alter the opening for the defence the Court adjourned till Monday morning. SUMMARY OF LAW CASES, The suit brought by George S. Mackay against Leon- ard W. Jerome waa yesterday discontinued by consent, Jobo. A. Post bas brought a suit to foreclose a mort- gage against ex-Surrogate Robert C, Hutchings. Judge Brady yesterday granted leave to servo a notice by publication, Mr. Hutchingg now being a sojourner m Europe, The Emma Silver Mine suit for $5,000,000, which has been on trial in tho United States Circuit Court, before Judge Wallace, for the last six weeks was tem_ two of the jurymen, ‘An order wus granted yesterday by Judge Barrett, Orient Mutual Insurance Company. that he employed Reary as his caunsel and paid him 343 18 prospective disbursements, but that Reary failed to bring the suit as agreed upon and rofused to return the money and papers. The suit of Andrew Thomas, the diamond broker, against Henry Knight, a member of the Stock Ex- change, to recover $2,100, the alleged value of two diamona rings, which st is claimed the defendant ree fused to deliver up, and which has been on trial before Judge Speir, in the Supertor Court, resulted yesterday in a verdict for the detendant, In the suit of Samuel W. Torrey against the Grant Locomotive Works a commission was yesterday ordered by Judge Sedgwick to the Consul General at St. Petersourg, Russia, to take the evidence of Con- stantine de Bodiseco and Solomon Poliakiffl.” A com- mission was also ordered by the fame Judge in the suit of Robert B. Borland against the Mercantile Ma tual Insurance Company, to the United States Consul at Pernambuco, Brazil, for the examination of Pater & Lo. David Selling bas broughta suit against John M. Moln- tyre, Eugene J. Legender and A. F. Blane, vlaiming $1,826, money loaned to Legender on alleged worthless foreign railroad bonds, Legender sets up the asury law in defence, and the otter defendants claimed that they only acted as brokers betweon the purtics. The trial of the case was commenced yesterday before Judge Speir in the Superior Court.” Mr. Christopner Fine appearstor the plaintiff; Mr. A. H. Alker for Le- gender, and Mr. George Carpenter for the other de- fendants. Decision was given yesterday by Judgo Brady in several assessment cases. The iustitution of the Sisters of Mercy, on Eigbty-tirst stree complained of . taxes and assessments — levie upon the property, and claimed exemption under the ground louse taken from tho city, Judge Brady denied the petition on the ground that the parties cannot be disturbed, and ander tho lease the assessments are not valid. In another case he vacated tho assessment on account of failure to publish a reso- lution of the Corporation Counsel to publish such as sessment in the Corporation paper, George Kirk, indicted for complicity in the Lawrence Custom House yesterday appeared belore Com- missioner Shields and gave bail to appear for trial whenever caliod on, Jane Kirk, wile of the accused, and Frederick Folz, of 174th street and Washington enae, entered into bonds for $10,000 on behalf of + Kirk, who was then discharged. Alexander Bartow, the alleged defaulting ca: the National Bank of Fishkill, was yesterday brought before Commissioner Osborn for the purpose of giving bail, Peter Baldwin, farmer, of East Fishkill; Adriance tow, farmer, of Kast Fishkill, and Charles E. Bartow, superintendent ot A. T. Stewart & Co.'s mills at Glenham, J fied in bonds to the amount of $10,000, Bartow was then discharged to await examt- Ration or the action of the Grana Jury, as big counsel may determine. in the matter of the criminal proceedings against Epbriam L. Snow and G. W, Snow, manulacvarers of galvanized iron, charged with frauaulent bankruptcy, and examination was beid yesterday belore Unned 8s Commissioner Betts. The principal witness was Mr. Van Sauv, a tormer bookkeeper of the con- cern, who testitied that just previvus to the bank- ruptey they had two sets of new books prepared irom the oid gues. “The old books are iu the bends of the assignee. The charges against the parties are for mutilation of their account books and fraudulent dis- position of property. A suit brought by William Bowkoner, former clerk of Halsted, Haines & Co., was tried beiore Judge Aiker Yesterday and resulted ip a verdict for tho detendants, The plamufl sued to recover $1,000 salary as xalesman for 1874. Defendants admitted the employment of plain during the y 1872 and 1873, but denied that plainuff rendered & any service in ‘ne evidence| was very conflict Ex-Jodge Cartis tn mming up for the delendauts took occasion to say that in this world those who accumulate wealth are the turgets against Whom are directed the blackmail shaits of the needy, Joho Tilton and William Feather have policies for $10,000 and $2,000 respectively in the United States Mutual Life Insurance Company, Tilton surrendered his policy and fot out & new one, and claims he did not get as inuch dividend as be was entitied to. Feather makes the same claim, although be did not take out a new policy. A motion was made before Judge Rovin- son in the Court of Common Pleas yesterday to strike out certain portions of the complaint a6 being redun- dant and scandalous, The complaint sets up among other things that the reserve funds of the company is being misappropriated, but does not specifically siate in what way, The full facts of the case have already been published in the Hxnaup, Judge Robinson took the papers reserving his decision, DECISIONS, SUPREME COURT—CHAMBERA, | By Judge Donohue, Gano vs, McCuon.—Granted, Memorandum, By Judge Barrett, Kneeland v3, Husted.—Motior denied, with $10 costs. Colling vs Cashman.—Motion grapted, with $10 costs, Matter of Louisa and Matilda Facknet,—There must be a separate bond to each intant, say iu $1,500 toeach. Fraser vs. Brown.—Motion granted, without costa, on condition that plaintiff accopt the defendant’s un- dertaking on arrest and without prejudice to @ motion to vacate the ordor of arrest Ou the merits, porarily suspended yesterday owing to the sickness of directing Alexander H. Reary, the lawyer, to surrender the papers in the suit of John O. Conway against the Mr. Conway says | ta ' By Judge Brady. Matter of McCloskey.—Praycr of petitioner denied. Opinion. é Matter of Reilly.—Assesement vacated. Opinion. Kneeland va, Husted. —Motion denied, with $10 costs, Mutter of Hateb,—Petition denied. Opinion. Matter of Wayler.—Asscssment vacated, See matter of Reilly, * Matter of McBarron.—These are not cases of re- Pavement, aud the petitions must be denied under chapter 313 of the Laws of 1871. b . Berksbire Woollen Company vs. Juillard.—The better way | think is to confirm the report of the referee, and the whole subject can be reviewed on appeal. SUPREME COURT—SPECIAL TERM. Tho National Park Bank vs Dwigbt. Knowlson ve. Betts,—Reargument e heard Monday, Febraary 19, at half-past ten A. M. The Security Bank vs. Warren, &c.—Exceptions overruled. heport of reterce confirmed, and'judgment for plainuif Opinion, SUPERIOR COURT—SPECIAL TERM. By Juage Curtis, Algie wa Wood.—Proposed case and amendments settled, By Judge Sper Meaedie va, Koebler.—Case ang amenaments ser tle By Judge Sedgwick. McKenna va. Crosby et al.—Oraered on calendar for | Grst Monday of March. Borland vs, the Mercantilo Mutual Insurance Com- pany.—Order for commission. Carman vs. Hawkins. —Undertaking approved. Galinger va, the Mayor, &c.—Ordered on special cal endar.for February 23. Torry va the Graut Locomotive Company.—Order for commission. Boutelhier-va. Torry; Parrett vs. Walke: vs. The Lycoming Fire In: noe vs, Payne,—Ordors granted. COMMON PLEAS—SPECIAL TERM. By Judge Robinson. win E. Sawyer vs, Martua Sawyer and Josiah B. Borgesa vs, Susan M. Burgesa.—Divorces granted to Plaintitis McDermott Company, and Prouty MARINE COURT—CHAMBERS. By Jadge McAdam Reich va, Bosque.—The law will not strip even a single man ot she cessaries of life see Weekly Digest, 260). Mowon ‘denied, Solomon vs, Rosen,—Diseontinuance allowed as per decision filed. Whitall va, Wymen; Ermier vs. Conklin, —Judgments for plaintiff on demurrer. Rogets vs Arcularius; Wolley va Same,—see in dorsements on papers, Hilliard va, Platt.—Order to sell perishable property. Roeder va, Heinz —Motion to substitute attorneys ‘Motion granted conditionally. 8 Estle va, Somers; Reiner va. Blauvelt; Murray vs. Lathy.—Motions grunted, Doupe vs Davison.—Bailabie attacoment ordered. Steigler vs. Clarke; Grindle va. ihomas; Heexman vs. Macy. —Delaults noted. Grosz va, Loreuz.— Motion to open default dented. Freeman va. Clarke.—The answer must be served on the 19th inst, and to this extent the motion wili be granted, $10 costs to plaintiff to abide event, Christopher vs, Wilson.—Mr, Charies Simpson, re- hatchet and struek McCabe over the head, the | ceiver. force of tho blow cleaving his skull, This, Comte vs. Ponstoly.—Motion to vacate arreat however, ts denied, it bemg stated by others | granted on stipulating pot to sue; $10 costs, to abide that the murderous blow was struck by James | event. Rice, @ man in the empioy of the McCarons. Arnold vs, Allen.—Commission erdered, with thirty At all events McCabe died trom the effects of tne blow, | days’ stay, See papers. Young vs. Maul,— Motion to compel judgment debtor to deliver over property denied. Kiesel va Sturch (two cases).—Detendant dis- charged, GENERAL SESSIONS—PART 1 Before Recorder Hackett, THE SUTTON PERJURY CASz. ‘The trial of James Sutton on the charge of perjury in having, as alleged, sworn falsely as to his losses by fire, was resamed_ yesterday. examined, the evidence being main! character. The Recorder took occasion to observe that the trial, which was now in progress since Mon- day last, had occupied an unnsuuily jong period tor such a case, the chief and only point to be determined being whether the accused hud committed the offence charged in the indictment. He trusted it would henceforth be conducted with all possible despatch consistent with justice and the interests of all con- cerned, | GENERAL SESSIONS—PART 2 Belore Judge Sutheriand, & BLACKMAILER PUNISHED. Not long sgoa brazen looking young man, calling himself George Andrews, was tried before Judge Gildersleeve on tho charge of larceny and receiving stolen goods. It appeared that a certain niusic box had been stolep from a gentleman and disposed of to a lady for about a fitth of ite value. The prisoner virited the lady, stating that he- knew how tho instrument had been obtained, and that he would hold his peace for $15. She refused to comply with his request and had him arrested for attempting to obtain money under false pretences. Alter his arrest 1t was ascer- d_that he had also been to sce the loser-ot the muste box and oftered to restore it to Upon this state of facts the prisoner, it was aliegea, bad stolen the imstrument and he was indicted for the larceny, At the tral the prisoner exbibited a degree of nonchalance and obra- vado that the jury believed his statement, to the effect that, as an amateur detective, he had come by tho information in a legitimate way, and acquitted him, Judge Gildersleeve warned him to abandon the bosiness of an amateur detective and seek some other occupation, nnd as the prisoner < the court Assistant Dt rosecuted, remarked, casually, Judge, wo will have the fellow bere wgain before many weeks are over.” The prophecy proved true, for yes- terday the same prisoner was arraigned at the bar by Mr. Rollins, on a charge of burgiary in tho first de- of a cumulative residence of Mr. Joseph Lahn, No. 139 Ninth avenue, afew nights ago. The prisoner pleaded guilty, but contended with some confidence that he was not regh- larly guilty of burglary, as the door was open and tho house in question was not the one he intended to rob, Judge Satherland sentenced him to ten years’ tra. prisonmont at hard labor in the State Prison, BURGLARS SENTENCED. Jonn O’Brien, alias ‘‘Shorty,’’ and Joseph Stephens, alias, “Dutch George,” pleaded guilty to the charge of barglary in the third degtee, in having stolen thirty- one hams from the store No, 86 Broad street on the Oth inst, They were sentenced each to two years in tho State Prison. Jobn Shanahan and Thomas Finley stole a package valued at $58 from an express wagon driven by Thomas McGann at No. 73 Barclay street, Both pleaded guilty rel kad sent tothe State Prison for fifteen months each. STEALING LACE, David Ascher, aged eighteen, of No. 76 Orchard street, was placed on trial for stealing $75 worth of lace goods from the store of L, R. Smith, No. 42 Greene street, on the 7th inst, The prisoner entered the premises in question to sell matches, Hearing a Tustling noise Mr. Smith lett his private office and missed the lace, and on going to the dvor of the store he saw the prisoner coming down with bis basket. One of the clerks opened it and the property was found. The prisoner, who was defended by Mr. Edmund E. Price, stated that he saw two men ranning down stairs, and that they must have put the lace in his basket. The jury were unable to agree and the pris- oner was remanded, PLEADING GUILTY, James Byrnes, a teamster, stole $51 worth of prop- erty from the liquor store, No. 393 Eleventh aveune, on the 10th inst. He plesdea guilty to barglary in the third degr id was sent to the State Prison for eighteen mont Francis Edwards, of No, 22 Munroe street, pleaded guilty to the charge of stealing eleven coats, the prop- erty of Louis Michel, No. 14 Bowery, on the 2d inst. He was sent to the Stute Prison for two years, FELONIOUS ASSAULT, William Black, a private watchman, who was con- vieted of assaulting William Landers in Monroe street, on the 30th of January last, was arraigned tor sentence, He was sentenced to 6ix months’ imprisonment COURT OF APPEALS, Aunayr, N. Y., Feb. 16, i877. No, 196, Hilton va, Bender,—Argued by M.'T. Hunt for appellant and A. J. Parker for respondent. No, 7L Smith vs, the Mayor.—Submitted lor appel- Jant, argued by D. J. Dean for respondent. No, 198 Grinnell vs, Kirkland,—Argued by A, P. Whitetead (or appellant aud George C. i for res: pondent No, 163. Gossman vs. Orugor,—Argued by Elina Root for appellant and U. Frost for respondent. Proclamation made and Court adjourned, CALENDAR, The following Is the caicndar tor Monday, February 19:—Nos. 201, 205, 206, 204, 184, 195, 18744 and 207, A BURGLAR TRAPPED, At hall-past three o’clock yesterday morning Roundsman Orecaen, of the Seventeenth precinct, while on post in Houston street heard the cry of “Pohce.” Rushing into First street he saw Charles Laog in rapid retreat from the premises of Adolph Gerndt, the uptown office of the Hamburg line ot steamers, at No. 18 First street. He pursued him, and finally secured Lang a# he was crouched in a cellar way. Arresting the prisoner be fouad a saw and other burglars’ tools on the cellar steps, and & candle, chisel, powder and other articles on his person when searched &t the station house. An investigation showed t the accused forced off the latch of the basemeut door, This admitted bim to an inner door leading to the room in which was tho safe. Un this door w: mas- sive padlock, which he was engaged in sawing off When the noise alarmed Gerndt, who gave the The accused was arraigned belors Judge come He was committed to answer in gree, having been caught in the act of plundering the | | Wrough easy declensions. Their primitive ardor bas | egainst what every true woman 1s presumed to cs- Several witnesses were | him for $15, | excused lidrsel, Thus in one of those glows sue was proceeding to state with some tervor that Mr. Kinzey wad made similar accusations against bia first | i wife, who afterward obtained a divorce from | him, but she suddouly checked herself, said that that | haw ‘nothing to do with the case, and could not be in- duced to proceed further im that stra. Her state- ment wus in effect as follows:—"I have sald all in my THE KINZEY COMPLICATION. | THE LADY'S APPEARANCE AND WHAT SHE HAS TO SAY—THE CASE aT A STANDSTILL—SHALL IT BE DETERMINED IN THE COURTS OR THE NEWSPAPERS? The Kinzey controversy appears to be ata stand- still 19 the courts, but it waxes warmer in the new papers, It is one of those cases in which public opin- jon 18 too impulsive to await the slowly evoived results of legal process and is apt to prefer its own ardent, if bot very mature, conclusions, Now, as every qu tion which hag two sides 1 Likely to divide the public | mind, #0 this one bas ranged the popular judgment, or more correctly the popular sympathy tu two hostile camps, The lady and gentleman are in that decisiv but for people who have been married, andesirable atutude which Mr. Tennyson descrives as one of sclenched antygonism.” Their loves have gone djed out, coldness has supervened, and altogether tho delicate affections with which the twain started have been marveliously jangied, Mr. Kinzey is possibly by this time @ disciple of the Swinburnian chant which says that ‘Love grows bitter with treason,” and prob- ably neither one nor the other believes a jot of that | delicious piece of sentiment which every broken- | hearted schoolgir can quote, and whieh tells you that Tis better to have loved and lost than never to have loved as all.”” . ._- HOW THR CASR STANDS. Aa the case stands at preseat Mra Kinzey ts ta _re- ceips of the sum of $20 per week, which Is sup} rd to stand her in liew of the erstwhile affectionate con- sideration of a loving spouse, and to compensate her for she calumnious or truthful—and in any case damaging—insinuations and statements directed teem & priceless jewe!, Being as she claims the lavw- ful wife of Mr. Kinzey, she haa no remedy: im the nature of procedure against her-husband by which the merits of the case can‘bve publicly and judicially de- termined, and thorefore sne ardently desiree, in order totree herself from imputation and aspersion, that Mr. Kinzey may go on with his threatened sult to annul the marriage. This 1s in effect the substance of her statement to a Hxnatp representative. 4 PRUDENT DETERMINATION. Mra Kinzoy’s home is at No, 125 East Thirty-first streot, and thither the representative repaired with the view of ascertaining whether she was desirous of say- ing anything im respect to the more recent statements of Mr, Kinzey. The'lady was at home, anda note was sent to her requesting a briet interview. A prompt but courteous auswer was returned to the effect that | she would see the HxxaLn representative at the office of Mr. Townsend, her counsel, ata specified hour, At the appointed me Mis. Kinzey wat jonud in con- Gultation with ber iegal adviser. INTRKEVIEW WITH MRS, KINZRY. oy acy of decidea personal attractions, | appear to be much more than thirty | She is taller tban the average, Hor tg- . her features are handsome, her hair is hight brown and her eyes aro dark and expressive. In manners she is ladylike and selt-possessed, and ber conversation is fluent, unaflected and agreeable, She was dressed plainly, but in excellent taste. She spoke | like one who felt that she was aggrieved, and walle he | was desirous of confining herseil to a denial of tne accusutions made by her busband, now and again her woman’s nature would prompt her to launch into eidelong issues, for which discursiveness she speediy power to say, by denying the calumuies and accuse Hons made against me by my husband, and am content tu wait till (he matter is presented m Court, To show how far ho will go lor the purpose of vilifying me L cull attention toa recently puotished statement of t per father about A week ago, and that he did not want to anything to do with her.’ Now [ have no tathor except Mr. Ide, the father of my drat husband, who is there referred to, and who lives in Rahway, rae have just procured frown him the following cartilicate,’? and.she placed the document, which runs: as fofluws, at the disposal of tbe reporter :~— A FLAT CONTRADICTION, This is to certify that [ bave hud no conversation with Mr. Kinzey In relation to his wile, recently, nor at any sime, nor have Lever seen him to my knowledse, and that | know nothing to my own knowledge agatast hee reputation. Rauway, S.J. Feb. 1, 1877. WILLARD IDE, When questioned as to whether sbe bad written the letters which have been recently mude public by Mr. Kinzey, as having come trem her subsequent to their separation, she said she did not deny tuem, and that she only ed Mr, Kinzey would publivi ail the lot- ters which she had written bim, as she had never in- dicted one Which she would hesitate to reprint to the scratiny of the word, She did not give avy éxplana- ton as 10 the contr pressions in them, except by the general implication that they referred to ber having taken oplum and other stimulants at Loug Branch. Opium pills, she said, bad been prescribed for hor for illuess, Sho took them in. large doses, aud they acted so strangely on her shat Mr, Kinzey had in- duced her tu take brandy. WHO WAS FAST. The reference to Long Brauch appeared to call up other recollections, tor Mrs, Kinzey suddenly ex- claimed, “He calls mo fast, but I sbould like to know who was fast? | stayed im the bouse all ‘day when he was out driving with the ladies. At home, too, I hardly | ever went out, and used to play cards with nim from seven unl twelve o’clock.”’ In concluston, Mrs. Kin- zey said that she was not anxious to make any further statements in reference to tho case, and that she was only waiting to have Mr, Kinzey commence the suit which he had threatened to bring to annul the mar- riage. “But he seems,” she addea, “to prefer a news- papor war to war. in the courts.” . MR, KINZEY'S LAWYER EXPLAINS. To tae Eviton or THR Hera.p: In response to the article published in your issue ot |* this date, it 18 proper for me, in justice to my’ client, to hand you the correspondence which has passed between Mr. Kinzey and the counsel on both sides. There is no proper occasion in this case for parading before the public matters and diflerences of a purely personal character, tho only issues involved betog as to whether or not Willard Ide, the former husband of Mrs. Kinzey, is now. living, and as to whetber or not Mra, Kinzey, at tne time of her second marriage, knew that ber tormer husband was living, aud know that he had been for many years an occasional visitor at bis father’s home in Rabway, N. J. The following note, addressed to Mr, Kinzey ut tho, instance of his wife, was handed to me for attention, and | was i formed by Mr. Kinzey that a personal interview with me was desired by Mr. fownsend alter his return trom an intended absence, In the meantime Mr. Kinzey learned that Willard Ido is living, and | thereupon ad- dressed to Messrs, fownsend & Weed the letter, under date of February 9 which I give beiow, and to which, up to the present time, | have received no reply. There would be no occasion for thig communication wore It not that the article referred to quotes a single paragraph of my lotter, but signilicantly fails to quote the paragraph immediately following, and which will be noticed 18 the closing paragraph ot the letter, of which I herewith furnish you a copy. TOWNSEND TO KINZEY. Nuw Youn, Feb, 8, 1877, salted with usin reference i Mr. Wittaam Kunze: pin—Your wife b Aificutthes with you ber ut J 9, Te ur attoritie ys, we vot hear frum you by of before Thursday we shall jude that negotiation is impracticable aud " ares on behalf of our client as the matter requires, TOWNSEND & WEED. BUTLER TO TOWNSEND. Vasavany 9, 1877. Townsenn & Warp, Kaas, — z GuwtiRMeN—Your uote t@ Mr. William Kinsey tm refer- w the instter of firs, Kinzey has been placed in bands for attention, Mr, Kinzey informing me that y expressed @ wish to 800 me personally I will call a ityou desire and confer with you npon the for me to inform present it may be pro} fo the posttion whieh He married Mra, Kinsey party marrying has beem absent five success Subsequently to the marringo Mr. Kinxey says his wife hibited to alm what purported to be © decree of absolute co from her former husband. ‘pon examination I now discover that such doorre wns fact only « noparation, and by the attorney in the case uae divo by Judge Cardona, in hie own handwriting, to # separation from bed and board. It fe not vrne that Mrs, Kin- former haaband. ¢ also aacortain now thut her former husband je in tact z, and our proot of this fact will admit of no possible cireumstances Mr. Kinvey 1 posed to make ang vrrangement whatev Tor the fubure, and be sees actio wn Lelinlf Kinsey. He has no desire or intention to trent her unfairly, wrill, a8 her convenience, have an Interview with hor in such mauner as you may desire. Very truly yours, : . ey Weal Toy 1. BUTLER, [ submit that, inasmuch as I closed my communica- ntiroly indis- Mrs, K tion with an invitation to an interview, to be bad at | the pleasure and conve ot counsel and their chont, the arrest of Mr. Kinaey, @ mercban' reputa- tion and standing, was nut only unexpected, bat wholly uncalled for and unjust, 1, of course, make no refleo- tion upon counsel, as I cannot say where the responsi. bility rests for the action which was taken, This much 1h explanation of the tncts of this case, but no further coutroversy through the prese will be indulged in on the part of Mr. Kiugey under any crr- cumsiauces, an action baving been prepared to be brought to annul the marriage betwoon the parties on the grounds that the former busvand 14 now living. and that Mra Kinzey is alleged by ber husband to ha known at the time of ber marriage that her first bus- band was living, and to pave therefore practised « fraud upoo Mr, Kinzey in contracting her marriage with him. W. |. BUTLER, ‘of counsel for William 0, Kinzoy, 206 Broadway, Naw Youn, Feb, 16, 1877. | the decision of the Superior Court, which was in favor YORK HERALD, SATURDAY, FEBRUARY 17, 1877—TRIPLE SHEET. A NEW CHAPTER OF COMPO, STEPMOTHER AXD DAUGHTER SUPERSEDED BY 4 NEW CREDITOR—ONLY A GILDED PRISON— A STRANGE AUCTION, There has been quite s novel and curious develop- ment in the celevrated Compo’ case. It will be re- membered that Compo 18 a noted country seat at Westport, Conn., now in possession of Mrs. Georgiana Alden, wife of Stephen H. Alden, of this city, but the rightful title to which is claimed by Mrs, Trubee, Alden's daughter by bis first wife. Alden first deeded the property to his daughter and then conveyed it to his wife, who now, in company with the former mis- tress of Alden, Celeste Richards, occumes tbe place. Mrs Georgiana Alden obiained a divorce from Alden om the ground of bia adultery with this very Celeste Richards, who now shares the enjoyments of Compo with Alden ana Georgiana, who became reconciled to ench other alter being divorced. To understand the latest development it is also neceseary to remember that the Connecticut Superior Court awarded the title to Compo to Mra. Trubee, Alden’s daughter, and that Mra Alden, her stepmother, appealed the case to the Supreme Court of Krrors, who are expected to confirm of the daughter's right to the property. ANEW AND BUCOKBSPUL CLaIMANt, Bat an additional claimant for the proporty has now stepped in, who threatens to wrest lovely Compo trom doth the stopmother and tho daughter, Alfred Noxon, a banker, residing im Balston, N. Y., bas Drought suit aga'nst Aiden in the Supreme Court of New York to recover on a debt ariging out of old stock operations, amounting to abuut $92,000, and ob- tained @ judgmont against Alden, which was trans ferred to the Superior Court of Connecticat Under this Judgment Compo has been seized by the Sherif on beball of Noxon, As the indebtedness tor which this Judgment was rendered was anterior 'to Alden’s conveyances of the property Ao either his present wite or his daughter, Noxon's right tw seize the property Syperseded, woder the law of Connecticut, the title of boih Georgiana and Mrs, frubee, Under she law of this State the property itself cannot ve sold, but is simply assessed and the utle to the amount of the JUdgwent is vested iw the judgment creditor. Uniy | the lurniture can be gold, and this saie took place yes- | ferday at Westport Quito a large crowd of people fathered to witness the spectacle, as the turniture, though old and antiquate aa OL avery eaborate description, and, besides, Compo bas been in with an air of peculiar romance from its stra ory. COMPO A®8 A GILDED PRISON, Another reason why people generally were anxious to Bee the place was Derause Compo jad been rigor. ously closed to ali visitors for many months, To the two women who lived in it 16 was virtually only a Gilded prison, The shocking history of this luxurious haunt of matrimonial scandal bas mode Compo a Stevch ip the nostrils of tie Whole county and gives Westport an unenviable notoriety. The inhabitauts of Westport and th ijacent towns desire nothing more ardently thun to get rid of Georgiana, Celeste and Al- den atogether. body associates with them, aud the irequent visits of Sheriif’s officers to Compo in connec. tion with the multifarious lingations that bave grown out of its unsavory history have made tue swo women regard every visitor as threaien. img intorloper. Hence, the doors are rigorously closed to every one, und neither Georgians nor Celeste wil! see any étranger. Compo. has | been very much negiecsed of late, and\there is an air of general decay and ruin about this dbstly country seat with its lovely grounds. if any one catis tho vi0- Jent bark of a rabid Spitz dog will be bis sole recep. tion, and since the exposure of the true nature of these pretty little animals by the Heratp vobouy wiil teei very mucu incliued to provoke an attack trom the Spills After persistent ringing of the bell a mau will appear bebiod tne outer giass deer and demand the business of the visitor, which the latter will have to communicate through the door, Georgiana and Celeste themselves are invariably invisibla Hence the curiosity of the people of Westport w seo this haunted, mysterious place at the public auction, A FARCICAL AUCTION, The result of the auction was that all the furniture i | | | 4 wagbid in by the creditor, Mr. Noxon, who was repre- sented by a Mr. Sbondy, of New York, The prices bid by bim were such that nobody desired to com. pete with him. The auction was, theretore, litte more than a burlesque. At the disposal of every article the auctionver would conclude with the sume = monownous = words, “And Mr. pXOn: 18 the purchaser,” ‘after — which the crowd yeered and laughed. It» was “4 maddening crowd,”’ who toved ull over the house to examine every article of furniture down to the smallest trifle, It was laughable to observe the eagerness of | ome of the people present who came trom remote por- tons of Fairfield county to obtain some sinall trinket, be it ever go blight, as a memento of Compo, Ut course the very grewlest curiosity was manifested to catch a glimpse ol the tair Georgiana, but sl r fully dodged all efforts to sce be! locked in the family room until the puctioneer ap- Proached it, when she slipped into the adjacent dress- Ing room, and a8 goon as the turniture of the family room bad been disposed of she slipped back unob- served, The furniture was of the most varied de- scription and its character may Lo inferred from the Dames of the various roome in the house, such as oak room, blue. room, walnut room, rosewood room, vel- vet room, &c, The furniture in the library alone was bid in tor $7,000, NOXON’S TRUK MOTIVE, Very difterent accounts prevail as to the true mative of Noxon in this’ proceeding, dirs, Trubeo’s counsel characterize it ag the result of a prearranged con- trivance intended to keep the property from Alden's daughter, Mrs, Trubee, the rightful owner, und do not hesitate to say that Noxon is in collusion with Stephen H. and Georgina Alden, Mrs. Trubee’s counsel mean to contest Noxon’s right to the jurnitare and the prop- erty, and there seois to be no end to the future litiga- tion for the possession of Compo, Ex-Judge Fuilerion, counsel for Noxon, says, however. that this allegation is tutaily untrue, that the proceeding is perfectly gen- uine, and that Noxon’s sole motive was to recover an old debt amounting to nearly $100,000, STREET CAR POLITENESS, THE WOMEN ALE AT FAULT. Newark, N.J., Feb. 15, 1877, To rns Enitor or tue Heraiy:— Naturally there is no one wore inclined to be gal- lant and considerate to the fair sex than myself, but the conduct of women in tbe street cars toward each other and toward us has forced me, from feelings of contempt for such atter selfishness as 1s daily shown by them, to change my conduct toward them. 1 have seen one elaborately dressed woman rise from her seat to leave the car and thus make ample room for two men, with thelr tin buckets in hands, who had heretolore been obliged to stand, 1 have yet to see the shghtest disposition on a woman’s part, mm a street car, to make rom for another unless forced to, and then it ts generally done with a very bad grace. Once ina bundred times, perhaps, a man may be thanked by a look or a word (all that is necessary) for bis seat on his resigning ittoawomean. We men certainly have no apology to offer for retaining our seats in a street car, except in the cases of agea people’ of either sex. If women would only be polite to each other and to us they would have no grounds of compiaint, Lam sare, in the matter of obtaining seats in the street cary THR BEASON WHY MPN KEFP THEIR SPATS New Yor Feb, 13, 1877, To tas Error or tne Herat.o:— Both “B. 8, Lenon” and “1.” are nearer right as to the “piggishness” of the women or men in the oars than those of your correspondents who merge every other consideration and principle in the mere tact of being a woman or, rather, “lady.” Bah! Yesterday in a car erammed—men and women standing, men and women sitting—"Step forward 1” peremptorily orders the cons ductor (no longer, “Piease step forward”) **make room for these tadies'’—enter, or rather equeezo in, two ladies, mother and daughter, with mud-draggled trails, “Oh, 1 am so tired,” says the younger one; “Ob!” says mamma, with a scoraotul glance at the man she stood in front of, “you won't get # seat in this car.” “Step forward! let this lady int—a gray haired, probably grandwother. Jresentiy, seats being var ated, jirss mothor and then daughter seoure them by bling—tho latter young, and both strong, both perfectly oblivious of the gray hairs still sanding, This, of course, was NOt piggibh but lndylike. Bahl Your present correspondent was ‘pig’ enough to let the gray hairs stand—ne does so on principle, Th ndpoint from which “Lex or “Levon,” *p,* or “Grandmother,” argues ia not the tr 0 an Fe. Inting to public matters, Figures dot ie, and they show that @ car making ten to filteen rips por day, with twenty or twenty-two (if they will persist in that number as the seating capacity of @ ¢ar) passengers at five cents, will pay all expenses und leave sniiicient profit for # liberal dividend. That being 80, compel the companies to double the number of cars—nay, put on threo, four or five for every one they now have, increas. ing according to the demand as long as tuer room im the streets. This is the only way to prevent the crowding, the beastly cramming, We worse than pork packing that this supi and then when exception old time chivalry and fear of violating a still higher principle. LAID OUT COLD DEAD. John Brody was brought betore Judge Wandell for getting drunk and assaulting his wife. Mra, Murphy testified thathe kicked ins door, threatening to kill all ta the house, Mts, Murphy “didn’s want Mra Brody laid out cold dead.” it woula be bevier for them to part. “John,” said His Honor, "1 don’t want Mrs. Brody lavd out cold dead, There is great objection vo the coroners x fom} h large fees. ‘They ought to be on asalary, I will bave to send yon up.” ‘Ob, Your Honor, not now. This 18 & good time to A MYSTERIOUS SHOOTING TRIAL OF HENBY CG, HENDRYX FOR THE MUB~ DER OF HIS WIFE—THE HUSBAND'S BEMARK< ABLE DEYENCE—DISAGREEMENT OF THE gurY. Cuna, Alleghany county, N. Y¥., Feb. 16, 1877, Early on the morniwg of July 7, 1876, this village ‘was thrown into great excitement by the report that Henry C. Hendryx and bis wife bad been shot by burg Jars, who had broken into the house at midnight, ane that Mra Hendryx was fatally wounded. As far as thy shooting was concerned thé report proved too wue Some mysierious assassin had death wound, and sent a ball through the fleshy part of her busband’s thigh. THE HCSMAND'S NARRATIVE, The story told by the husband wi Jows, and as he was one of the leading mea of this sec tion his statements were accepted by a majority of the people of the community as true:— “He had been awakened in the night, about one o'clock, by the noise of some one in the sleeping room of himeelf and wife; be raised himself up in bed, and as he was stepping over his wife to get out on the floor a pistol was discharged by the intruder in the room, fole lowed by o shriek from Mrs Hendryx. Mr. Hendryz sprang out of bed and ran to @ door leading mto the dining room, and pulled it partially open, A second snot was then fired and a pistol bal was sent through Hendryx's thixh, He closed the doo and locked t, and followed his wife, who had retreated to a room in which slept their little boy. te toid bie wie that he was shot and was alarmed to hear her re. ply that she wus, too, NO STRANGER IN THE HOUSE. Beyond the shooting he could see no evidence of any one’s presenwe in the house except the members of his tumily, Hendryx explained the interval between the shooting and the giving of the alarm by saying that bus wife would not hear of bis going out, as she was afraid the assassins were still lurking about d woud Kill hun. Notwithstanding the fact thal every window in the house that # burglar would ba apt to gain entrance through was tound to be se. curely fastened in the morning; that no track led to or from the house ip the soit dirt or dewy grass that was beneath the windows; that no spent ball coald be found anywhere about the room where the shooting had been done; that the ball that the surgeon toot from Mrs. Hendryx’s wound Oiied. exnotly a revolver belonging to Hendryx, three chambers of whieh wore emply, and the barrel of which was stained with blood, the iden that Hendryx himself bad fred the shots was scouted by the vest people of the place, at is previous charucter and domestic life had been such ay to make the idea of his being a murderer seem highly proposterous OPINION OF AN INSURANCK AGHNT, There were people, however, who held different views, Among these was Edwin 8, Bruce, ap insur. ance agent, of this piace, fn May, 1875, Hendry x had taken outs policy on the life ot bes wife for $2,000, and an accident insurance policy for bimselt tor the sume amount, with Bruce’s agency, ' This was ong suspicious tack Another was that lor some tine gossip been busy with the naine of Hondryx, coupied with that of a young widow named Mary Webber, biood “cousin of Hendryx'a. Bruce and others did not feel disposed to let the matter of the shooting drop! withont giving ita fuller investization than it had received, and after four or five mouths of looking up evidence they brought about the arrest of Hendryx on the charge of murderiug his wile, He was inuicted, and hag jast been tried at Belmont, the county seat tne jury failed to agree, sianding ten for couviciion and two for gequittal, THN RECORD OF HEXDRYX. Hendryx was marrié’ tweive rs ago toCynthia Amsden, the daughter of a prominent larmer living wear Cuba, Tuey had lived happily together, ac- cording to the evidence im the case, ‘unul about a year pasty the time of the. appearance of Mary Webber In the village. In April last she be- came an inmate of Hegdryx’s house, and, if the testi- of the hired help of the Hendryx’s is to be believed, the conduct of her and Hendryx was ex. ndaloug. It 18 sworn also that they free quently occupied the same bed in the house; took long Journeys Logetber, and treated Mrs, Hpndryx as if sho were of no consequence in the house, ANOTHER STRAY RULLET. A month or ro after tie shooting Hendry called in Deputy Sheriff Swift, and sbowed to bit a bullet which he suid be bad found in the window casing, [be bolo made by the bullet was not in the wood when previous examination had been mada, The bali did aut Ab Hendryx's revolver. PROPOSING TO MARRY THE WIDOW, Some time after the death of his wife Hendryx told ber tather that after sho was shot and betore any ano had arrived at the Louse, she had told him that she desired him to marry Molly, meaning Mra. Webber, aud that he intended to do as sho had requested, no matter what people thought. The theory of the defence was that the charg@ot murder was trumped up against Hendryx by the iusur- ance companies 1 bope of convicting him by the ta- yering chain of circumstances and thus save the in- stranco on the Iite of his wife. The case will be retried inJune, The prosecution claim that they have new evidence to prosent then that will show clearly the guilt of the accustd, CAPTURED CLOAK THIEVES, James Wilson, alias Smith, and Michael Kurta, alas “Sheeny Mike,’’ who were arrested by Detective Von Geriohion on the charge of burgiariously entering the store of Habn & Co., No, 815 Broadway, and stealing therefrom a trank containing $3,000 worth of sill cloaks, were arraigned tor examination at the Tombs Police Court yesterday, before Judgo Kilbreth, ana commit for trial in de fault ot bail. The evidence against them was strong, The trank was identified as the one stolen and testimony was given showing that it was in the possession of Wilson. When Wiison was brought up Judge Kubreth scanned the prisoner's features closely, and ina tone of astonishment asked if he bad not recently been in court on another com- plaint. . The prisover admitted euch to be ti “Your bat! was light then,” replied the Judgs T shall Ox 16 this time #0 You stand committed in ‘ou cannot very well get bat te 10,000. REAL ESTATE, The following sales wore eflected at the Real Estate Exchange yesterday :— Richard V. Harnett sold, by order of the Court of Common Pleas, in toreclosure, it. M. Henry referee, one lot 25x100,5, on West Fifty-eighth street, south hide, 245 lect cast of Sixth avenue, to Jonn Webber foe $10,200, William Kennelly sold, by order of the Supreme Court, in foreclosure, R. F, Farrell retereo, a house, with lot. 24x95, on Madison street, north side, 96 fort east of Scatmmol strcet, to Patrick Maillon, piaintif, tor $10,000, Bernard Smyth sold, by order of the Court of Com- mon Pleas, in foreciosure, P. J. Jonchimsen referee, a house, with Jot 25x122.6, on Kast Thirty-eighth street, north side, 200 feet east of Second avenue, to A. A Nossar for $7,250. Winans & Dw sold, by order of the Supreme in forector W. P. Dixon referee, a piot of 224, on Railroad avenue, east side, 1,091 foet hb street, extending to Mott, Havon Canal, to plaintitl for $1,000. ‘ TRANSFERS, BSth st..8. 8, 1126 ft w. of Ath tharles Lobe aad wife to T. Roed us a TEBOh stm 8 Brevtell and wite tod. J. Kav High Bridge av... (24th ward) ; to H. Witttam tapes 2h ft. e. of loth K. Engert.. * 17,000 4.100 10,000 . Week Sth av., 20% B,C. Chetw: 1250 wt. A Lane (reterer) 10. of Jat Ky. 3. Chosterman, 8,000 2.000 10th av, n Roelker (referee) 3,00 Thomas 6S 4 1,258 50x10 (234 500 tod: Davidnon.... 229 w. of Ist AV, 174x980; FW, 0) to C. Donovan $23.05 fh, nd, Jr. reloree) to H. Rivington ts. ©, cor Thowasson (referee) to repel " aon h hans Back hats je out to burn even Jono ay ara. sen ou Up, aad you may re- tara he 0 ta throe monte? ” ‘d xf AV A cease . «0 Bogart, Mary E., end husvand, to” A.B)" Emary, 8. of Washington av. a. of Quarry road (24eb ward), Byenre... ° 1,000. Conde, Jacod, and wife, to 11. i. Russell, Pie be; T yonr 8,900 Same, to 8,500 8,500 5,000 J ito FN. Fappan, f 16th sty a . Jobanna, to J, ‘Appan, 0. & o rr w. of ay, By Lyeur ss ‘gees vee $000 Same to sane, n, «of 16th ae, w. of I yent.. 5,000 Price, to Kh. Adams, a & of 11th sh, « 1 yea 1,000 Selleck. wk tenes “i year «1,000, fomnpson, J aines ani x nia ofatstet..e. of ‘ + a,009 Wihite, Thomas W., to & AL nH | an rd) 5 2 years, . 900 jm aa 2000 ‘ : !